PARTIES TO DISPUTE:



ATCHISON, TOPEKA AND SANTA FE

(FRED HARVEY SERVICE INC.)


STATEMENT OF CLAIM: Claim of the Joint Council Dining Car Employes, Local 351, for and in behalf of Mr. A. J. Smith, that he be returned to service with seniority rights unbroken and accumulated, and with compensation to the extent suffered, as a result of wrongful and unjust dismissal in violation of Carrier's discretion and the rules of the current agreement.


FINDINGS: The Third Division of the Adjustment Board finds:

That the dispute was icertified to the Third Division of the Adjustment Board ex parte by complainant party; and


That no hearing thereon has been held, and under date of February i, 1945, the complainant party addressed a formal communication to the Secretary of the Third Division withdrawing this case, which request is hereby granted.




Case dismissed.




ATTEST: H. A. Johnson
Secretary

Dated at Chicago, Illinois, this 8th day of February, 1945.